O98-46ORDINANCE NO. 098~~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
PART II, CHAPTER 2.5, ALARM SYSTEMS,
PROVIDING FOR CLARIFICATION BY AMENDMENTS
TO THE FOLLOWING SECTIONS: 2.5-2, 2.5-9,
2.5-10, 2.5-12 2.5-13 AND 2.5-14; BY
CREATING NEW SECTIONS, AS FOLLOWS: SECTION
2.5-19 ENTITLED "FAILURE TO NOTIFY";
SECTION 2.5-20, ENTITLED "ALARM BUSINESS
RESPONSIBILITY"; AND SECTION 2.5-21
ENTITLED "DAMAGE TO PROPERTY"; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, Chapter 2.5 of the City of Boynton Beach Code of
Ordinances governs alarm systems within the City of Boynton
Beach; and
WHEREAS, Section 2.5 of the Code of Ordinances provides
for the imposition of false alarm response servmce fees; and
WHEREAS, city staff has recommended that certain sections
of said Ordinance require clarification and/or streamlining;
and
WHEREAS, the City Commission of the City of Boynton Beach
deems it to be in the best interests of the citizens and
residents of the City to amend said Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COM~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Part II, Chapter 2.5, Section 2.5-2 is
hereby amended by adding the words and figures in underlined
type, and by deleting the words and numbers in struck-through
type, as follows:
Section 2.5-2 Definitions.
Alarm: Any device which is used mn a building or
premises for the detection of fire, medical alerts,
unauthorized entry...
Class "A" alarms: Ail those alarms activated by
illegal entry, in response to criminal activity, or
fire, or the need for emergency medical response and
includes alarms...
Section 2. Section 2.5-9 is hereby amended by adding
the words and figures in underlined type and by deleting
words and numbers zn struck-through type, as follows:
2.5.9 Duty of person notified to provide access to
premises, render assistance.
Any person who is notified by any member of the
communicanions division, -police department or fire
department ... taking reasonable action to deactivate
the alarm. Fire alarms required by Fire Code~
and/or State Statutes shall be ex~mr, t fro~,~
deactivating the alarm.
Section 3. Section 2.5-10 is hereby amended by adding
the words and figures zn underlined type and by deleting words
and numbers in struck-through type, as follows:
Section 2.5-10 Operation of System.
(d) The police department ~ ~-c ~ ....
shall indicate any ...
(f) The Fire Rescue Department shall .indicate
any violation of subsection (a) or (b) on theiz
alarm report. The Fire and Life Safety Division
shall be responsible to take the appropriate actio,,
by issuing a notice of violation of this section.
The owner of the alarm system will have ten (10)
days from the date of the notice of violation
correct the violation. If the violation is no~.
corrected within ten (10) days, the owner shall
fined fifty dollars ($50.00). The Fire and Life.
Safety Division shall notify the F~ance Depar~en~.
to mail the notice of fine if the violation is not
corrected. If the fine is not paid within t~ (10)
days, the alarm owner will be in violation of
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Section 2.5-17 of this Chapter.
Section 4. Section 2.5-12 is hereby amended by adding
the words and figures in underlined type and by deleting words
and numbers in struck-through type, as follows:
(b) Ail new fire property permitted alarm systems
shall be exempt ...
(C) Occupancies with multiple alarm zones oz
apartment complexes with multiple alarm systems, ali
maintained by the same company, may be declared
nuisance alarms by the Fire Marshall and shall bo
assessed a false alarm fee.
Section 5 Section 2.5-13 is hereby amended by adding
words and figures in underlined type and by deleting words
and numbers in struck-through type, as follows:
Section 2.5-13. False alarm response servmce fee;
collection.
For response to excessive false alarms by the police
department cr ~i~c ~ ......... the alarm user
The chief of police or his/her designee, shall
determine whether a false burglar alarm has
occurred,
occurred and the frequency of such false alarms.
The City shall...
The Fire Marshall shall determine whether a falsn
fire or medical alarm has occurred and the frequency
of such alarms. The Fire Rescue Departmmnt shall
notify alarm users of the amount owned to the City
and shall make demand therefore pursuant to th,'
following provisions:
(a) A fine of one hundred dollars (~100.00)
will be issued for every false alarm over the third
..false alarm in any calendar year.
(b) Proof of alarm repair on the date of
false alarm can result in the f~e being reduced to
twenty-five dollars ($25.00) if approved by the Fir~.
Marshall.
The Fire and Life Safety Division Will bill and
maintain records for all fire ~d medical false
alarms.
Section 6. Section 2.5-14 is hereby amended by adding
the words and figures in underlined type and by deleting words
and numbers in struck-through type, as follows:
Section 2.5-14. Interference with city telephone
trunk lines prohibited; alarm business central
office required; identification required.
(d) The request for response shall include the n~me,
telephone number, and zone, if applicable, of the
alarm activation.
Section 7. A new Section 2.5-19. entitled "Failure to
Notify" is hereby created by adding the words and figures in
underlined type, as follows:
No alarm business shall attest to service, repair,
alter, replace, move and/or test an alarm system
without a prior one (1) hour notice of intent to tha
City of Bo~rnton Beach Rmergency Dispatch Center.
All reasonable precautions to avoid the transmission
of false alarms shall be made. Failure to notify
one (1) hour prior to the transmission of a fals~
alarm shall result in a fine of fifty dollars
($50.00), payable by the alarm business.
(a) If the alarm bus~ess fails to pay the fine
within ten (10) days, the alarm business sh~ll
notified via certified mail of their right to
request a hearing before a three-person board which
shall be composed of the city manager, the director
of public works/engineer and the director of
development, or their designees, which hearing shall
be held within ten (10) days of the date of
appeal to the City M~ager.
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(b) The decision of the Board shall be fina]
and shall only be subject to review by writ or
certiorari to Palm Beach County Circuit court.
(c) All alarm businesses and alarm monitorin,
companies conducting fire or medical alarm busines~
in the City of Boynton Beach will register with thc
Fire and Life Safety Division of the Boynton Beach
Fire Rescue Department.
(d) Ail alarm businesses will notify the Fir,,
and Life Safety Division of ~y alteration,
deletion, removal of service, or other operatinu
problems of fire and medical alarm systems in th~.
City of Boynton Beach.
Section 8. A new Section 2.5-20. entitled "Alarm
Business Responsibility,, is hereby created by adding the words
and figures in underlined type, as follows:
Section 2.5-20. Alarm Business Responsibility.
An alarm company conducting fire alarm busines~
within the City shall adhere to all requirements or
all applicable NFPA Standards. Failure to COX~Lpi~
with this section of the code, as determined by tho
Fire Marshall, shall result in a fine of one hundred
dollars ($100.00). Fines shall be paid according to
the guidelines iu Section 2.5-19 (a) and (b).
Section 9. A new Section 2.5-21. entitled "Damage to
property" is hereby created by adding the words and figures in
underlined type, as follows:
Section 2.5-21. Damage to property.
The City of Boynton Beach shall not be financially
responsible for any property damage caused by tha
Police and/or Fire Rescue responding to an alar~L~.
The alarm user shall be solely responsible for any
damages that occur while attempting to verify th~
cause for the alarm activation.
Section 10.
Ail ordinances or parts of ordinances mn
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conflict herewith be and the same are hereby repealed.
Section 11. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this
ordinance.
Section 12
ordinance.
Authority is hereby granted to codify said
Section 13. This ordinance
immediately upon passage.
shall become effective
FIRST READING this /~ day of /~w~~, 1998.
SECOND, FINAL READING AND PASSAGE this
~~, 1998.
/ day of
ATTEST:
Ci~ty Clerk
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CITY OF BOYNTON BEACH, FLORIDA
Co~m{ssioner
Commi s s i oner
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